S.L. 368.2 Art. 6BVehicles brought under a contract of lease or hire.

(1) Any motor vehicle brought into Malta by a person residing in Malta or by any person other than a person residing in

Malta and who does not qualify under any of the exemptions specified in article 18 of the Act from another Member State under a contract of lease or hire exceeding thirty days shall be registered with the Authority and shall be subject to the payment of registration tax in accordance with article 3 of the Act.

(2) Every motor vehicle which is brought into Malta and which qualifies under any of the exemptions specified in article 18 of the Act and which continues to be used on the road in Malta following the expiry of the period for which such motor vehicle has been exempt shall also be registered with the Authority and shall be subject to the payment of registration tax in accordance with article 3 of the Act.

(3) A person residing in Malta or a person other than a person residing in Malta who does not qualify under any of the exemptions specified in article 18 of the Act who brings into Malta a motor vehicle from another Member State under a contract of lease or hire for a period exceeding thirty days shall be required to file an application with the Authority for the registration of the said motor vehicle and to provide all the relevant documents as provided for in sub-regulation (4) within thirty days to be reckoned from the date of arrival of the said motor vehicle in Malta.

(4) The application shall be submitted to the Authority on the prescribed form together with the payment of an administrative fee of fifty euro (€50) and the presentation of the following documents:

(a) a document of identification of the applicant;

(b) a vehicle registration certificate and, where appropriate, an English or Maltese translation of it, issued by the competent authority of the country from which the vehicle has been leased or hired or of the country from which it has been brought into Malta;

(c) a certificate of roadworthiness issued in Malta or in the Member State from which the vehicle has been leased or hired or from which it has been brought into Malta, in the event that such a certificate is required according to law;

(d) a document issued by the shipping organization having transported the vehicle to Malta which shows the date of the vehicle’s first arrival in Malta;

(e) the contract of lease or hire issued by the vehicle hire undertaking from which the vehicle has been leased or hired; and

(f) a motor insurance policy which shall be valid for not less than one year.

(5) The registration of a motor vehicle brought into Malta from another Member State under a contract of lease or hire shall be made by the Authority following the submission of the application, payment of the administrative fee and production of the documents referred to in sub-regulation (4) and upon the payment of the applicable registration tax in terms of the Fifth Schedule to the Act.

(6) Where the Authority, by virtue of this regulation, refuses to register a motor vehicle which has been brought into Malta from another Member State under a contract of lease or hire, such motor vehicle may not be used on the road in Malta beyond the period of thirty days to be reckoned from the date of arrival of such motor vehicle as stipulated in sub-regulation (2). In such an event the applicant may appeal the decision before the Administrative Review Tribunal in accordance with the procedure laid down under the Administrative Justice Act.

(7) (a) Where the Authority has reasonable suspicion that a motor vehicle brought into Malta from another Member State under a contract of lease or hire is being used on the road in Malta beyond the period of thirty days referred to in sub-regulation (1) without the holder of the vehicle having filed the application for registration in terms of these regulations, the Authority may take possession of, remove and store the said vehicle in accordance with the Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations, and shall request the Commissioner of Police to institute criminal proceedings against the person who has hired or leased the said motor vehicle and against the person in possession of the vehicle (if such person is different from the person having hired or leased the motor vehicle) in terms of article 21 of the Act.

(b) Such vehicle shall not be returned to the person who has hired or leased the vehicle or to the possessor of the said vehicle unless and until such person has been acquitted by the Court of the alleged offence, or has remedied his position at law and settled any registration tax and other fees that may be payable, including the removal and storage fees stipulated by the Clamping and Removal of Motor Vehicles and Encumbering Objects Regulations.

(c) Acquittal from the charges pressed against the person who has hired or leased the vehicle or is in possession of the vehicle shall not give rise to a right to claim damages against the Authority or the Commissioner of Police, or both, unless it can be proved that the Authority acted in bad faith when it requested the removal of the vehicle: Provided that prosecution for the offence in question is initiated not later than fourteen days after the date of removal, and, where the person who has leased or hired the vehicle and brought such vehicle into Malta from another Member State is not known, the fourteen day period shall commence to run from the day when such person is identified.